REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: (i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the land of the Project; (iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present; (v) The approvals, licenses and permits issued by the competent authorities with respect to the e Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities; (vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees; (x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same; (xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued; (xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land before any Court of law or Authority with respect to the Said land or Project at present. The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with HDFC BANK for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of of Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees once the same being formed and registered;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas (equipped with all the specifications, amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentUnit;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Row HouseUnit are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Apartment, Land including the Project and the said Row House/Town House Unit which will, in any manner, affect after the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Row House or the Town House Unit to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of Row House or the Apartment Town House Unit to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion certificate/Partial completion certificate of Project has been issued and/or notice and deemed possession of possession Unit, along with common areas (equipped with all the specifications, amenities and facilities) has been issued;handed over to the Allottee and the Association of Allottees or the competent authority, as the case may be; Provided that immediately on possession and/or from the 15th day from the Notice of Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Complex including the Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
A ‘ Club’ for some of the facilities as committed in Schedule-D shall be set up as part of the Complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said Club. The Promoter will have the right to hand over the club to the Apex Association at the completion of the Project or the Complex. The facilities of the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase of the Complex, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basis.
10.1 If any Allottee becomes a member of the Club and in the event any Allottee leases or rents out his/her/its Apartment Unit, it will be mandatory of such Allottee to notify the Club Manager / Maintenance-in-Charge of such leasing/renting. The Allottee will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee and the lessee/tenant both cannot be a member of the club simultaneously.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land . The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said land of the Project and the requisite authority and rights to carry out development upon the said land of the Project and absolute, actual, physical and legal possession of the said land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except mortgage created with Bank/financial Institution for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association Association of the AllotteesAlottees once the same being formed and registered;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas (equipped with all the specifications, amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land and/ or project;
(xiii) Subject however that if it is observed that there is any kind of deficit in any of the Project;sub-clause (i) to (vi) above which can be remedied , Promoter shall do the same forthwith at its own cost and expense.
Appears in 2 contracts
Samples: Buyers Agreement, Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land of or Project except those disclosed in the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.Title Report . The
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with _ _ for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentRow House/Bungalow;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Row House/Bungalow are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment Row House/Bungalow and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Row House/Bungalow which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [ Row House/Bungalow/ Plot ] to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [ Row House/Bungalow/ Plot ] to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees once the same being formed and registered;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of Row House/Bungalow alongwith common areas (equipped with all the specifications, amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land and/ or project;
(xiii) Subject however that if it is observed that there is any kind of deficit in any of the Project;sub-clause (i) to (vi) above which can be remedied , Promoter shall do the same forthwith at its own cost and expense.
Appears in 2 contracts
Samples: Agreement for Sale, Master Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land or Project. The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with Axis Bank for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;physical possession
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas (equipped with all the specifications,amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land and/ or project;
(xiii) Subject however that if it is observed that there is any kind of deficit in any of the Project;sub-clause (i) to (vi) above, which can be remedied, Developer shall do the same forthwith at his own cost and expense.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentUnit, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Unit, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said ApartmentLand including the Project and the said Unit, which will, in any manner, affect encumber the rights of allottee the Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Unit to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and deemed possession of the Unit Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warr ants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/ phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/ or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable applica ble laws in relation to the Project, said Land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allo ttee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Land including the Project a nd the said Apartment which will, in any manner, affect after the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment to the allottee Allottee in any the manner contemplated contemplat ed in this AgreementAgreement ;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent author ity, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the com pletion certificate of Project has been issued and/or notice and possession of possession apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been issued;handed over to the Allottee and the association of Allo ttees or the competent authority, as the case may be ; Provided that immediately on possession and/or from the 15 th day from the Notice of Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of CC.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/ or the Project;.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment, which will, in any manner, affect manner encumber the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Apartment, to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Apartment, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and possession of Apartment,; Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Complex including the Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said thesaid Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Complex including the Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
; (vii) The vii)The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner‟s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except construction loan, if any, availed by the Promoter;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentland, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project and possession of apartment, building as the case may be alongwith common areas with all the specifications has been issued and/or notice handed over to the Allottee and the Association of possession has been issuedAllottees.;
(xiixi) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) ; • There are no encumbrances upon the land of said Land or the Project;: save & except what is stated herein.
(iviii) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment, ;
(viv) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment, and common areas/ common parts and facilitiesareas;
(viv) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment, which will, in any manner, affect encumber the rights of allottee the Allottee under this agreementAgreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Apartment, to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ixviii) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Apartment, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(xix) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xix) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and/or notice and deemed possession of possession has been issuedApartment, , plot or building, as the case may be,;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land . The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except construction loan availed by the Promoter;;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the Association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project /phase and possession of apartment, building as the case may be alongwith common areas with all the specifications has been issued and/or notice handed over to the Allottee and the Association of possession has been issuedAllottees.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iiiii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with Axis Bank for availing construction finance;
(iviii) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(viv) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(viv) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;of
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees once the same being formed and registered;
(xix) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xix) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;authorities
(xiixi) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;
(iv) There are no litigations pending before any court Court of law that will materially affect Law with respect to the said landLand, project Project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project Project, said Land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, Further the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or actor thing, whereby Contd.p/17.. Page- 17. the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said ApartmentLand, including the Project and the said Apartment which will, in any manner, affect the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee Allottee in any the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, peaceful physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association Association of the Allottees;
(x) The land of the Project Schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issuedCompetent Authorities;
(xii) No notice from the Government or any other local body or authority or any legislative legislative, enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land . The Owners have Owner has absolute, clear and marketable title with respect to the said land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with Axis Bank for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Allotment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees once the same being formed and registered;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas (equipped with all the specifications, amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;said
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentUnit;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Row House / Town House /Apartments Unit are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Apartment, Land including the Project and the said Row House/Town House/ Apartment Unit which will, in any manner, affect after the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Row House or the Town House or Apartment Unit to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of Row House or the Town House or Apartment Unit to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion certificate/Partial completion certificate of Project has been issued and/or notice and deemed possession of possession Unit, along with common areas (equipped with all the specifications, amenities and facilities) has been issued;handed over to the Allottee and the Association of Allottees or the competent authority, as the case may be; Provided that immediately on possession and/or from the 15th day from the Notice of Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land or Project. The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except mortgage created with Axis Bank for availing construction finance;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas till the date of handing over of the Project to the Association of the Allottees.;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees once the same being formed and registered;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas (equipped with all the specifications,amenities and facilities) has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land and/ or project;
(xiii) Subject however that if it is observed that there is any kind of deficit in any of the Project;sub-clause (i) to (vi) above, which can be remedied, Developer shall do the same forthwith at his own cost and expense.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Complex / Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Sub-Lessor/Promoter hereby represents and warrants to the Allottee Sub- Lessee/Allottee/Purchaser as follows:
(i) The Owners have Sub-Lessor/Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Sub- Lessor/Promoter shall ensure the Owner’s title;
(ii) The Sub-Lessor/Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment, are valid and subsisting and have been obtained by following the due process of law. Further, the Sub-Lessor/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment, and common areas/ common parts and facilitiesareas;
(vi) The Sub-Lessor/Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Sub-Lessee/Allottee/Purchaser created herein, may prejudicially be affected;
(vii) The Sub-Lessor/Promoter has not entered into any agreement for Lease and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment, which will, in any manner, affect encumber the rights of allottee the Sub-Lessee/Allottee/Purchaser under this agreementAgreement;
(viii) The Sub-Lessor/Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling transferring the leasehold rights in the said Apartment Apartment, to the allottee Sub-Lessee/Allottee/Purchaser in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Apartment, to the Sub-Lessee/Allottee. The /Purchaser and the common areas/ common parts and facilities shall be handed over areas to the association of Sub-Lessee/Allottees/Purchaser or the Allotteescompetent authority, as the case may be on completion of the entire project;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Sub-Lessor/Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and deemed possession of Apartment, or building, as the case may be,; Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Sub- Lessee/Allottee/Purchaser shall become liable to pay the rates, taxes and charges. The Sub-Lessee/Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Sub-Lessor/Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Sub Lease Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present. The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment, which will, in any manner, affect to encumber the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Apartment, to the allottee Allottee in any the manner contemplated in this Agreement;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Apartment, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and possession of Apartment,; Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner‟s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except construction loan, if any, availed by the Promoter;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentland, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;and/
(xiixi) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter hereby represents and warrants to the Allottee as follows:follows:-
(i) The Owners have Promoter has absolute, clear and marketable title leasehold right with respect to the land of the Project and said Project, land, the requisite authority and rights to carry out development upon the said project land of the Project and absolute, actual, physical and legal possession of the said land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except construction loan, if any, availed by the Promoter;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentOffice unit;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Office unit are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;applicable
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for transfer and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Unit which will, in any manner, affect the rights of allottee under this agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling Leasing out the said Apartment Office unit to the allottee in any manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed Sub Lease the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment Office unit to the Allottee. The Allottee and after formation of the Association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(xix) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xix) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project /Phase and/or possession of Office unit, with all the specifications has been issued and/or notice of possession has been issuedhanded over to the Allottee;
(xiixi) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sub Lease Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts Common Areas/Common Amenities and facilitiesFacilities`;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee the Allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee Allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
(xiii) That the land of the Project is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter hereby represents and warrants to the Allottee as follows:follows:-
(i) The Owners have Owner has absolute, clear and marketable title with respect to the land of the Project and said Project, land, the requisite authority and rights to carry out development upon the said project land of the Project and absolute, actual, physical and legal possession of the said land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except construction loan, if any, availed by the Promoter;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartment, Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the Association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project and/or possession of apartment, with all the specifications has been issued and/or notice of possession has been issuedhanded over to the Allottee;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land and/ or project;
8.2 The allottee hereby represents and warrants as follows:-
a) That before entering into agreement and/or allotment letter, the allottee has received the copy of lay out plan, sanction plan and other documents refered to herein and have independently satisfied himself in all respect.
b) That the Project;allottee has the financial capacity to make all payments as per payment schedule in time.
c) That before signing this agreement, the allottee has gone through all the terms and conditions set out herein and understood the mutual rights and obligations under this agreement as well as under the law.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the projectProject.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at present;Row House / Bungalow,
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Row House / Bungalow, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Row House / Bungalow, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said ApartmentLand including the Project and the said Row House / Bungalow, which will, in any manner, affect manner encumber the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Row House / Bungalow, to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Row House / Bungalow, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and/or notice and possession of possession has been issuedRow House / Bungalow;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
(xiii) That the property is not a Waqf Property
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;:
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentRow House / Bungalow, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Row House / Bungalow, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Row House / Bungalow, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said ApartmentLand including the Project and the said Row House / Bungalow, which will, in any manner, affect manner encumber the rights of allottee Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Row House / Bungalow, to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Row House / Bungalow, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and possession of Row House / Bungalow; Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have Promoter has absolute, clear and marketable title with respect to the land of the Project and said project/phase Land; the requisite authority and rights to carry out development upon the land of the Project said Land and absolute, actual, physical and legal possession of the land said Land for the project.Project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of said Land or the Project;: save & except what is stated herein.
(iv) There are no litigations pending before any court Court of law that will materially affect or Authority with respect to the said landLand at present, project Project or the Apartment at presentApartment, ;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said Land and Apartment, are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment, and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment, which will, in any manner, affect encumber the rights of allottee the Allottee under this agreementAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any may manner whatsoever from selling the said Apartment Apartment, to the allottee Allottee in any the manner contemplated in this AgreementAgreement ;
(ix) At Before or at the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Apartment, to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The land of the Project schedule Property is not the subject matter of any Hindu Undivided Family HUF and that no part thereof is owned by any minor and/ or and/or no minor has any right, title and claim over the sameSchedule Property;
(xi) The promoter Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities Authorities till completion/ occupancy the completion /Partial completion certificate of Project has been issued and deemed possession of Apartment, , plot or building, as the case may be,; Provided that immediately on possession and/or notice from the 15th day from the Notice of possession has been issued;Possession(Deemed Possession) the Allottee shall become liable to pay the rates, taxes and charges. The Allottee shall start payment of the Maintenance charges three months from the date of Notice of Possession.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter Promoter in respect of the land of said Land and/or the Project;.
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall insure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;in
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the Association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project /phase and possession of apartment, building as the case may be alongwith common areas with all the specifications has been issued and/or notice handed over to the Allottee and the Association of possession has been issuedAllottees.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Agreement for Sale
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall insure the Owner’s title.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;project.
(iii) There are no encumbrances upon the said phase land of or the Project;project.
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at present;Apartment.
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilities;areas.
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;.
(vii) The Promoter promoter has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the Allottees;Allottee(s).
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or and/or minor has any right, title and claim over the same;schedule property.
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project Project/phase and possession of apartment, building as the case may be alongwith common areas (equipped with all the specifications, amenities and facilities) has been issued and/or notice handed over to the Allottee and the Association of possession has been issued;Allottee(s).
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Project;and/or project.
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present. The Owners have Owner/Developer has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner’s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the said phase land of or the Projectproject;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;all
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy completion certificate of Project Project/phase has been issued and/or notice and Notice of possession issued irrespective of whether physical possession of apartment alongwith common areas has been issuedhanded over to the Allottee and the Association of Allottees or not.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Projectproject;
(iii) There are no encumbrances upon the saidphase land of or the Projectproject;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said [ Apartment/ Plot ] which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [ Apartment/ Plot ] to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession physicalpossession of the Apartment [ Apartment/ Plot ] to the Allottee. The Allottee and the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project Project/phase and possession of apartment, building as the case may be alongwith common areas (equipped with all the specifications,amenities and facilities) has been issued and/or notice handed over to the Allotteeand the Association of possession has been issuedAllottees.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land . The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner‟s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said phase land of or the Projectproject save and except construction loan availed by the Promoter;;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentphase land, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;the
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project /phase and possession of apartment, building as the case may be alongwith common areas with all the specifications has been issued and/or notice handed over to the Allottee and the Association of possession has been issuedAllottees.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Projectsaid property) has been received by or served upon the promoter in respect of the said land of the Projectand/ or project;
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land. The Owners have Owner has absolute, clear and marketable title with respect to the said phase land of the Project and the requisite authority and rights to carry out development upon the said phase land of the Project and absolute, actual, physical and legal possession of the said phase land for the project.. On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter shall ensure the Owner‟s title;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the Project;
(iii) There are no encumbrances upon the said land of or the Projectproject save and except construction loan, if any, availed by the Promoter;
(iv) There are no litigations pending before any court of law that will materially affect with respect to the said land, project or the Apartment at presentApartment;
(v) The All approvals, licenses and permits issued by the competent authorities with respect to the e Project project, said land and Apartment are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said land, Building and Apartment and common areas/ common parts and facilitiesareas;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/ or development agreement or any other agreement/ arrangement with any person or party with respect to the said Apartmentland, including the project and the said Apartment which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The Allottee and after formation of the association, the common areas/ common parts and facilities shall be handed over areas to the association of the AllotteesAlottees;
(x) The land of the Project Schedule property is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the sameschedule property;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate completion of Project and possession of apartment, building as the case may be alongwith common areas with all the specifications has been issued and/or notice handed over to the Allottee and the Association of possession has been issuedAllottees.;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;said property)
Appears in 1 contract
Samples: Sale Agreement
REPESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The Owners have absolute, clear and marketable title with respect to the land of the Project and the requisite authority and rights to carry out development upon the land of the Project and absolute, actual, physical and legal possession of the land for the project.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the land of the Project;
(iv) There are no litigations pending before any court of law that will materially affect the said land, project or the Apartment at present;the
(v) The approvals, licenses and permits issued by the competent authorities with respect to the e Complex including the Project are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Building and Apartment and common areas/ common parts and facilities;
(vi) The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any other agreement/ arrangement with any person or party with respect to the said Apartment, which will, in any manner, affect the rights of allottee under this agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the allottee in any manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, possession of the Apartment to the Allottee. The common areas/ common parts and facilities shall be handed over to the association of the Allottees;
(x) The land of the Project is not the subject matter of any Hindu Undivided Family and that no part thereof is owned by any minor and/ or minor has any right, title and claim over the same;
(xi) The promoter has duly paid and shall continue to pay and discharge all governmental dues, rates and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authorities till completion/ occupancy certificate of Project has been issued and/or notice of possession has been issued;
(xii) No notice from the Government or any local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the land of the Project) has been received by or served upon the promoter in respect of the land of the Project;
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Samples: Agreement for Sale
